If you’d rather sit down with your spouse to negotiate a settlement without a process agreement, this is often referred to as a kitchen table dissolution. Resolving all or most of your divorce outside of the courtroom allows you to avoid the bitter emotions that often come up in a divorce battle. This approach can also be utilized in negotiations with your spouse through his/her attorney or by shuttle diplomacy when engaging four-way meetings is not effective. All alternative dispute resolution processes and litigation require the disclosure of all relevant information. In the event parties are unable to obtain a full settlement, counsel may proceed to engage in an alternative dispute resolution process or initiate principled litigation to resolve all remaining open issues.
In a collaborative divorce, both spouses work together with collaboratively trained counsel to develop a mutually acceptable agreement to settle the issues necessary to end a marriage. The lawyers act as advisors who help the spouses gather all relevant information needed to reach a settlement under the law and assist in the preparation of the divorce agreement. While the very fact that you’re divorcing may make collaborative divorce seem like a bad idea, many spouses are able to come together around the idea that it’s in their own best interest to settle the divorce amicably.
Mediation gives you a little extra help when a purely collaborative divorce seems too difficult. The mediator’s job is to help guide your discussions towards finding win-win solutions. If bad feelings or stubbornness start to get in the way, the mediator can bring a positive new perspective to the issues in a way that promotes mutual understanding. The ultimate goal is for you to be able to move forward towards an agreement.
Reasonable disagreements don’t need to turn into courtroom battles. If you’ve tried collaboration or mediation and have just a few sticking points, principled litigation can help break the impasse. Instead of going to court to fight, please think of the judge as someone who will take the work you’ve already done and use it to come up with a fair solution.
Jonetta J. Kapusta-Dorogi, LLC helps you find alternatives to a contested divorce. If you’re near Cleveland, Ohio, contact us today to schedule a consultation.